Scrutiny increased for 3rd party H-1B beneficiaries

The scrutiny for 3rd party H-1B beneficiaries will be increased by the USCIS even as 1 April and the deadline for H-1B cap is fast approaching. A Policy Memorandum was issued by the USCIS last year. This was particularly targeted at employers who were crossing the limits for H-1B placement rules at 3rd party worksite.

The increased scrutiny will imply that employers have to prove that H-1B beneficiaries possess qualifying assignments. This is for the full period of employment on H-1B while filing their H-1B applications, as quoted by the JDSPURA.

It has been indicated by the USCIS that it may mandate applications to include contracts signed with end-clients. It could also include other firms involved in the assignment of the H-1B worker. The signed documents by the end-client may also be required to confirm the specialized duties that will be performed by the H-1B worker.

The end-client may also have to provide documentation for the term of the projected to be completed. This is to avoid benching.

The itineraries for applicants seeking to place H-1B staff at 3rd party worksites have been sought by the USCIS even in the past. However, the latest memorandum indicates that this could include extra details.

The rules mandate only the dates and locations where services will be performed. However, it has been indicated by the USICS that the below-substantiating proof may have to be included:

• The dates of each engagement or service

• The addresses and names of the final employer

• The contact numbers, addresses, and names of the locations where the services will be performed for the requested employment period